Appellant Joe Graham, Jr. is a prisoner in a state correctional institution. Acting pro se, he sought to file a petition for mandamus as an indigent person. The petition was a form pleading which Graham completed by writing “Please see attached petition and brief’ in every blank space. Acting pursuant to OCGA § 9-15-2 (d), the clerk of the superior court presented the pleading to a superior court judge for review before filing. The trial court denied Graham’s request to file the pleading in forma pauperis after determining that the complaint showed a complete absence of any justiciable issue of law or fact such that it could not reasonably be believed that a court could grant any relief. OCGA § 9-15-2 (d).
1. A court examining a pro se complaint should hold it to less stringent standards than those applied to pleadings drafted by attorneys, and should deny filing “only if ‘it appears beyond doubt that the appellant can prove no set of facts in support of his claim which would entitle him to relief.’ [Cits.]”
Washington v. Rucker,
2. The appellate record in the case at bar does not contain the pleadings and brief appellant purportedly attached to his form petition for mandamus, and the superior court clerk has been unable to ascertain the existence of the attached documentation. From the trial court’s order and appellant’s brief, we are able to ascertain that appellant sought to have records in the custody of the Department of Corrections made available to him. The trial court’s order denying filing refers to the Open Records Act, noting that Graham had not stated whether the “requested
Judgment affirmed.
